A.V. `THREE STRIKES' SENTENCE UPHELD.

Byline: Karen Maeshiro Daily News Staff Writer

In the first Antelope Valley ``three strikes, you're out'' sentence reconsidered in the wake of a landmark court ruling, an ex-convict ended up with his original sentence, 27 years to life.

Lancaster Superior Court Judge Frank Jackson denied a request by 42-year-old Raymond Hawkins to disregard his prior convictions and reduce his 27-years-to-life sentence for possessing five pieces of rock cocaine for sale.

The judge cited Hawkins' prior criminal record, attorneys said.

``I argued he's a career criminal, that this is an individual that `three strikes' was designed for,'' said Deputy District Attorney Jeff Gootman. ``The judge used his discretion and found Mr. Hawkins was suitable for the `three strikes' program.''

Hawkins was the first ``three strikes'' defendant to have his sentence reconsidered in the Antelope Valley in the wake of a state Supreme Court ruling in June.

In a unanimous decision, People vs. Romero, the state's high court ruled that judges can disregard a prior conviction or ``strike'' to reduce a sentence in the interest of justice.

The ``three strikes'' law requires prison terms of 25 years to life for a person convicted of a felony after two previous convictions for felonies considered violent or serious.

Hawkins, who has two prior robbery convictions from 1986, had been sentenced by Jackson in March to 27 years to life in prison for the drug charge.

``(Jackson) acknowledged his right to strike the priors, but based upon his record, he didn't think in this case he should,'' said Hawkins' attorney, Dennis Cannon. ``The judge talked about his record. Although it was not severe, it was at least numerous.''

Hawkins' 1986 robbery convictions stem from two purse snatchings in which Hawkins was driving the car while another man committed the thefts, Cannon said. In one incident, a woman suffered a broken arm, Cannon said.

According to a probation officer's report, Hawkins' criminal record dates back to 1968 when he was arrested at 14 by Los Angeles police on suspicion of battery on an officer, court records show.

Since 1973, Hawkins has had convictions for assault, battery, and exhibiting a deadly weapon other than a firearm, and he was sentenced to jail or placed on probation, records show.

More than a year after being discharged from parole for his robbery convictions, Hawkins was convicted in 1989 of transportation and sales of narcotics, records show.

He was sentenced to a year in jail and three years' probation, but his probation was revoked in 1991, and he was sentenced to prison for four years.

Under the ``three strikes'' law, judges had the right to disregard prior convictions only if prosecutors did so. This effectively allowed prosecutors to determine sentences, which the high court said was usurping the constitutional powers of judges.